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RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

SNORKELING / FREEDIVING

Today's Date: April 25, 2024

EXPRESS ASSUMPTION OF RISK ASSOCIATED WITH DIVING AND RELATED ACTIVITIES

 

 Non-Agency Disclosure and Acknowledgment Agreement I understand and agree that PADI Members (“Members”), including Puerto Rico Diving, Inc. dba Rincon Diving & Snorkeling and/or any individual PADI Instructors and Divemasters associated with the program in which I am participating, are licensed to use various PADI Trademarks and to conduct PADI training, but are not agents, employees or franchisees of PADI Americas, Inc, or its parent, subsidiary and affiliated corporations (“PADI”). I further understand that Member business activities are independent, and are neither owned nor operated by PADI, and that while PADI establishes the standards for PADI diver training programs, it is not responsible for, nor does it have the right to control, the operation of the Members’ business activities and the day-to-day conduct of PADI programs and supervision of divers by the Members or their associated staff. I further understand and agree on behalf of myself, my heirs and my estate that in the event of an injury or death during this activity, neither I nor my estate shall seek to hold PADI liable for the actions, inactions or negligence of Puerto Rico Diving, Inc. dba Rincon Diving & Snorkeling and/or the instructors and divemasters associated with the activity.

Liability Release and Assumption of Risk Agreement I hereby affirm that I am aware that skin diving has inherent risks which may result in serious injury or death. I understand and agree that neither my guide(s)/instructor(s), nor the facility through which this program is offered, Puerto Rico Diving, Inc. dba Rincon Diving & Snorkeling  nor PADI Americas, Inc., nor its affiliate and subsidiary corporations, nor any of their respective employees, officers, agents, contractors or assigns (hereinafter referred to as “Released Parties”), may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in this program or as a result of the negligence of any party, including the Released Parties, whether passive or active.

In consideration of being allowed to participate in this program, I hereby personally assume all risks of this program whether foreseen or unforeseen, that may befall me while I am participating in this program. I further release, exempt and hold harmless said program and Released Parties from any claim or lawsuit by me, my family, estate, heirs or assigns, arising out of my enrollment and participation in this program. I understand that snorkeling and skin diving are physically strenuous activities and that I will be exerting myself during this program, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.

I understand that past or present medical conditions may be contraindicative to my participation in the program.

  • I affirm that I am not currently suffering from a cold or congestion or have an ear infection.
  • I affirm that I do not have a history of seizures, dizziness or fainting, or a history of heart condition (e.g. cardiovascular disease, angina, heart attack).
  • I further affirm that I do not have a history of respiratory problems such as emphysema or tuberculosis.
  • I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities. 

I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.

I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from my death. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties. I, BY THIS INSTRUMENT AGREE TO EXEMPT and RELEASE MY GUIDE(S)/INSTRUCTOR(S), THE FACILITY THROUGH WHICH I RECEIVE MY INSTRUCTION, Puerto Rico Diving, inc. dba Rincon Diving & Snorkeling, AND PADI AMERICAS, INC., AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLDGEMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.

 

If you are younger than 18 years of age SIGN HERE & on next screen, please click "MINOR" so a parent can sign with you.


 

 

 

 

 

 

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First Snorkeler's Name

First Name*

Last Name*

Phone*
First Snorkeler's Date of Birth*
First Snorkeler's Signature*
Snorkeler's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
HOW DID YOU HEAR about us?
Click applicable box(es)
Found location by chance
Tour Review Site (TripAdvisor, Google, Yelp, Expedia, etc)
Saw a sign, flyer or billboard
Social Media (facebook, twitter, instagram, etc)
Internet search
Word of Mouth Referral from friend, family, acquaintance
Witness Information

Please TYPE THE NAME OF A PERSON near you to be your WITNESS *
Discounted Snorkeling Gear Rental for Tour Particpants

Snorkeling tour participants are given the opportunity to rent their snorkeling gear for a discounted rental rate for up to five (5) days post-tour.

This agreement is entered into between Rincon Diving & Snorkeling and the Renter identified on this contract, hereinafter RENTER, for the rental of beach equipment. THIS AGREEMENT is a release of the Renters rights to sue for injuries or death resulting from the rental and/or use of this equipment. RENTER expressly assumes all risks related in any way to the rental and/or use of this equipment

RENTER hereby acknowledges receipt of this equipment designated in this form..

RENTER acknowledges that the equipment is in good working condition and that he has examined the equipment to ensure that it is free of defects. RENTER also understand that RINCON DIVING & SNORKELING, and its employees, owners, officers or agents (hereinafter Released Parties), shall not be held liable or responsible in any way for the injury, death or other damages to RENTER or his family, heirs, or assigns which may occur as a result of the rental and/or use of the equipment or as a result of product defects, or the negligence of any party, including the Released Parties, whether passive or active

RENTER agrees to reimburse RINCON DIVING & SNORKELING for the loss or breakage of any and all equipment at the current replacement value and also pay for damages incurred while transporting the equipment. RENTER agrees to return the equipment in clean condition and to pay a cleaning fee if not returned clean.

I understand the terms herein are contractual and not a mere recital and that I have signed this document of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.

I have carefully read and understand the Terms & Conditions. By signing this agreement, I exempt and release RINCON DIVING & SNORKELING and all related entities as defined in this contract, from all liability or responsibility whatsoever for personal injury, property damage, or wrongful death as a result of renting and/or using the equipment, however caused, including but not limited to product liability or the negligence of the released parties, whether passive or active,

I authorized RINCON DIVING & SNORKELING to charge my credit card daily until the equipment is returned, if late.


Signature of Parent or Guardian if Participant is a Minor, and by their signature they, on my behalf release all claims that both they and I have.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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